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The right to file a lawsuit is also known as standing to sue. You either have standing to sue according to Iowa state law or you do not have it.

If you have standing to sue, then you have the legal right to bring a lawsuit and to recover damages. However, if you do not have standing to sue, then the defendant(s) can make a motion to have your case dismissed and you will not recover damages for your injuries. Thus, it is important to talk to an experienced lawyer as soon as possible to determine whether you have standing to pursue a negligence security claim against a property owner after an attack or assault.

You Might Have Standing If…

Generally, you will have the right to pursue a negligent security case in Iowa if:

You are an adult and you were the one hurt in the negligent security incident. If you are over the age of 18 and mentally competent, then you have the right to pursue your own recovery.

You are the parent or guardian of a minor child who was hurt in a negligent security incident. In this case, you may pursue legal action on behalf of the child who does not yet have the authority to file a lawsuit.

You are the legal guardian of someone over the age of 18. As the legal guardian, you may have the right to pursue litigation and a fair recovery on behalf of the person in your guardianship.

You are the personal representative of the estate of a person who died in the negligent security incident. In this circumstance, you may start a wrongful death lawsuit on behalf of the estate. However, any recovery would belong to the estate and be distributed accordingly.

In order to protect your right to a fair recovery, you must file a negligent security case in an Iowa state court before the statute of limitations expires, and that filing must meet all of the court’s requirements. If you fail to take this action before the statute of limitations expires, then you may be unable to recover the damages that you deserve even if the property owner was negligent. Thus, while it is possible for you to start a negligent security case on your own, you may benefit from working with an experienced negligent security lawyer who can make sure that all of the requirements for beginning a case are met within the required timeframe.

What Needs to Be Filed

Civil Petition Cover Sheet. This identifies the nature of your lawsuit and provides statistical information for the court.

Form of Original Notice for Personal Service. This form tells that the court that you have legally notified the defendant(s) of the lawsuit according to the required procedures.

Petition. This pleading, also known as a complaint, tells the court why you are filing a lawsuit, why the property owner was negligent, the injuries that you suffered, and the damages that you are seeking.

Filing fee. Every case should include the required filing fee in order to be processed.

If additional documents or pleadings are necessary to file your claim, then your attorney can advise you as to the specific documents needed for your case.

For more information about how a negligent security case works in Iowa or to get started protecting your rights after a negligent security incident, please call us anytime at 1-800-800-5678. We would be pleased to provide you with a free consultation and to help you get the recovery that you deserve if you have been hurt in an attack or assault on someone else’s property that lacked reasonable security.

A negligent security claim alleges that you have been injured because a property owner failed to provide adequate security to prevent reasonably foreseeable criminal attacks. Thus, a negligent security claim is a type of personal injury case and subject to the same statute of limitations as other Iowa personal injury cases.

Here’s How Long You Have

Generally, you have two years from the date of your injury to file a negligent security claim in Iowa. This is consistent with Section 614.1 of the Iowa Code. If you were an adult at the time that you were attacked and your injury was readily apparent, then it is unlikely that the statute of limitations would be extended.

However, in limited circumstances the statute of limitations may be tolled or the clock may stop running on the filing of your negligent security claim. Specifically, the time for filing a claim may be extended if:

You were a minor at the time that you were attacked and injured. If your parent or guardian did not bring a lawsuit on your behalf, then you may have the right to do so when you turn 18. You will have one year to do so after you turn 18 years old.

You were mentally incompetent at the time of your attack and injury. Thus, you could not have known the consequences for failing to file a claim then, and you may have the right to do so if you are mentally competent now.

The property owner defendant is in bankruptcy. The bankruptcy proceeding may put an automatic hold on your claim for a period of time. Eventually, the stay will be lifted when the bankruptcy case is resolved, and you will be able to move forward with your claim.

If you fail to file your claim within the statute of limitations, then you will no longer have the right to a legal recovery. Thus, it is important to file your claim promptly, to understand how a negligent security case works in Iowa, and to protect your right to recover damages. To learn more, please call us today at 1-800-800-5678 to schedule a free consultation with an experienced attorney.

Iowa school districts have the authority to develop school safety plans, and have a legal requirement to report anyone in possession of a dangerous weapon on school grounds to the authorities. However, the school board, superintendent, principal, teachers, and staff are under no obligation to share the specific school safety and security plan procedures that are in place with parents or other members of the public if doing so would compromise the effectiveness of the plan. Iowa Code 22.7 (50) allows government bodies and employees to keep information about security and emergency preparedness confidential if disclosure could be reasonably expected to jeopardize safety of employees, visitors, or others.

Thus, a school district might not want to share a vulnerability assessment with parents for fear that it could get into the wrong hands and allow someone with a weapon to take advantage of those vulnerabilities to hurt students and staff.

You Should Expect That Reasonable Security Procedures Will Be in Place—Even If You Don’t Know All of Them

Iowa schools have a responsibility to provide safe and secure learning environments for students. This includes taking reasonable measures to protect students from:

Criminals unaffiliated with the school. Procedures should be in place to provide reasonable protection from school shooters and others.

Abuse by teachers or staff. Hiring and supervision procedures should be in place to protect students from sexual and physical abuse by school employees.

Other safety threats.

If your child is injured in an Iowa school, or if you are hurt yourself, then you may have the right to recover damages in a negligent security case. However, you will have to take specific actions to settle your case or to pursue a lawsuit in an Iowa court.

For more information about how to do that, and about how to protect your rights, we encourage you to contact our experienced lawyers directly via this website. We would be pleased to provide you with a free consultation so that you can make an informed decision about how to protect your child’s claim, or your own, after a negligent security incident at an Iowa school.